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money had and received

Defined in 4 dictionaries — Case Law, Cyclopedic (1922), Ballentine's (1916), Black's (1910)

Definitions from Case Law

From 301 U.S. 337 - Anniston Mfg Co v. Davis · 1937Most cited · 653 citing opinions

That action 'aims at the abstract justice of the case, and looks solely to the inquiry, whether the defendant holds money, which ex aequo et bono belongs to the plaintiff.

Show all 2 Supreme Court definitions and how they changed over time 1927–1937

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

In pleading. The technical designation of a form of declaration in assumpsit, wherein the plaintiff declares that the defendant had and received certain money, _ etc. An action of assumpsit will lie, without regard to privity of contract, to recover money to which the plaintiff is entitled, and which in justice and equity, when no rule of policy or strict law prevents it, the defendant ought to refund to the plaintiff, and which he cannot with good conscience retain, on a count for money had and received. 6 Serg. & R. (Pa.) 369; 10 Serg. & R. (Pa.) 219; 1 Dall. (Pa.) 148; 2 Dall. (Pa.) 154; 3 J. J. Marsh. (Ky.) 175; 1 Har. (N. J.) 447; 1 Har. & G. (Md.) 258; 7 Mass. 288; 6 Wend, (N. Y.) 290; 13 Wend. (N. Y.) 488; Add. Cont. 230.

Ballentine's Law Dictionary

James A. Ballentine · 1916

One of the common counts for the’ recovery of money which the defendant has received and should pay over to the plaintiff. See Common counts.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

In pleading. The technical designation of a form of declaration in assumpsit, wherein the plaintiff declares that the defendant had and received certain money, etc.

Defined under Money in Black's Law Dictionary.